Contesting A Will: 5 Reasons To Tell If A Will Is Invalid - By: Tim Bishop

Bringing an action for contesting a Will can be quite a difficult and long process. Nevertheless, if you believe that the Will is truly invalid then you could attempt to get it overturned.

A valid will is deemed to be one that was made by a person over 18, in sound mind, not under duress and in the presence of two witnesses, neither of whom can be beneficiaries and who must sign the will along with the testator. If one or more of these conditions fails to be met, then you might have a chance of success when contesting the will. Below is a checklist which may help you decide whether or not the Will in question is valid:

1. Was the deceased aware of what was going on and what was going into the Will? If you fear that they had mental health issues and may have been confused when they made the will, then you might be able to contest it, as long as you have evidence.

2. Are you dealing with the final will of the deceased? If you have reason to suspect that the person in question made a subsequent document that might have detailed different inheritance claims, then this is also grounds for contestation.

3. Has the will been signed and witnessed properly? Contesting a will can often be tricky as courts tend to assume any will is valid until proved otherwise. The absence of a signature can suffice a suitable ground to challenge upon.

4. Was the will made under duress? If you think that you can prove that the deceased didn't actually want to make the Will and maybe they were forced into it by someone else, then contesting its validity is a viable option.

5. Is the Will the real thing? Sometimes if the original Will has been lost and you have only copies this forms a ground for contention. As well as this, if you believe that the Will was created by someone other than the deceased then you can claim its invalidity on the grounds of fraud.

One of the most crucial things to know is that you need to be able to prove your invalidity claim. Disputing the validity of a Will often will fail as those bringing the claim don't have enough proof. In the absence of satisfactory proof, the court will more than likely rule in favour of the deceased and will say that the Will stands as valid.

About the Author

Bonallack & Bishop are solicitors specialised in contesting a will. If you need expert legal advice on inheritance claims then contact them today. Senior Partner Tim Bishop is responsible for all major strategic decisions at the firm, which he has grown by 1000% in 13 years. Tim sees himself as a businessman who owns a law firm.

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